IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
September 10, 2012
LEON LATIF BROWN,
CRAIG A. CULP, ET AL.., DEFENDANTS
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 10th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 34), recommending that Defendants York County, Jacobs and Rielly's motion to dismiss (Doc. 14) be granted and that Defendant Culp's motion to dismiss (Doc. 22), with respect to the conspiracy and Monell claims, be granted, and, following an independent review of the record, it appearing that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Blewitt (Doc. 34) are ADOPTED.
2. Defendants York County, George A. Jacobs and Thomas Rielly's motion to dismiss (Doc. 14) is GRANTED.
3. Defendant Craig A. Culp's motion to dismiss (Doc. 22) is GRANTED with respect to the conspiracy and Monell claims, but DENIED with respect to the Fourth Amendment excessive force claim. See November 30, 2011 Order (Doc. 11).
4. A revised case management order shall issue forthwith.
CHRISTOPHER C. CONNER United States District Judge